Plain language law

New Zealand law explained for everyone

Residential Tenancies Act 1986

Schedule 1B: Fines and fees for infringement offences

You could also call this:

“List of fines and fees for breaking tenancy rules”

This schedule outlines fines and fees for infringement offences under the Residential Tenancies Act 1986. The maximum fines and infringement fees vary based on whether the landlord has 6 or more tenancies or is a boarding house landlord. For these larger landlords, the fines and fees are generally higher.

The schedule lists various offences, such as failing to provide a written tenancy agreement, requiring illegal key money or letting fees, or not giving proper notice about property sales. Fines for most offences range from $1,000 to $3,000 for larger landlords, and $500 to $1,500 for smaller landlords.

If you receive an infringement notice with a lower fee (meant for smaller landlords), it’s still valid even if you’re actually a larger landlord who should pay the higher fee. The schedule provides a detailed table of all the specific offences, their corresponding section in the Act, and the exact fine and fee amounts for both larger and smaller landlords.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS454331.

Topics:
Housing and property > Renting
Money and consumer rights > Consumer protection
Previous

Schedule 1A: Amounts for unlawful acts, or

“Fines for breaking renting rules”

Next

Schedule 2: Enactments repealed, or

“List of older renting laws removed when this Act started”

1BFines and fees for infringement offences

1Maximum fine for infringement offences

  1. The maximum fine for an infringement offence specified in column 1 of the table in clause 4 is an amount not exceeding,—

  2. if the landlord has 6 or more tenancies or is the landlord of a boarding house when they commit the offence, the corresponding amount in column 3 of the table; and
    1. in any other case, the corresponding amount in column 4 of the table.

      Notes
      • Schedule 1B clause 1: inserted, on , by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

      2Infringement fee for infringement offences

      1. The infringement fee for an infringement offence specified in column 1 of the table in clause 4 is,—

      2. if the landlord has 6 or more tenancies or is the landlord of a boarding house when they commit the offence, the corresponding amount in column 5 of the table; and
        1. in any other case, the corresponding amount in column 6 of the table.

          Notes
          • Schedule 1B clause 2: inserted, on , by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

          3Infringement notice not invalid if higher fee applies

          1. An infringement notice served on a landlord that has 6 or more tenancies or that is the landlord of a boarding house is not invalid merely because the notice imposes the fee for the offence that is in column 6 of the table in clause 4.

          Notes
          • Schedule 1B clause 3: inserted, on , by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).

          4Table of fines and fees for infringement offences

          1. The following table sets out the fines and fees for infringement offences under this Act:

            The following table is small in size and has 6 columns. Column 1 is headed Section. Column 2 is headed Description of offence. Column 3 is headed Fine (cl 1(a)) ($). Column 4 is headed Fine (cl 1(b)) ($). Column 5 is headed Fee (cl 2(a)) ($). Column 6 is headed Fee (cl 2(b)) ($).
            Column 1 Column 2 Column 3 Column 4 Column 5 Column 6
            Section Description of offence Fine (cl 1(a)) ($) Fine (cl 1(b)) ($) Fee (cl 2(a)) ($) Fee (cl 2(b)) ($)
            13(4)(b) Failing to ensure tenancy agreement in writing, signed, and provided to tenant 2,000 1,000 1,000 500
            13A(1G) Failing to comply with section 13A(1A), (1CA), (1CB), or (2) 2,000 1,000 1,000 500
            15(3) Failing to give notice as successor 2,000 1,000 1,000 500
            16(2A) Failing to notify change of name or address 2,000 1,000 1,000 500
            16A(6)(b) Failing to appoint agent when outside New Zealand for longer than 21 consecutive days 3,000 1,500 1,000 500
            17(3A) Requiring key money 3,000 1,500 1,000 500
            17A(4) Requiring letting fee 3,000 1,500 1,000 500
            18(4)(b) Requiring bond greater than amount permitted 3,000 1,500 1,000 500
            18A(2)(b) Requiring unauthorised form of security 3,000 1,500 1,000 500
            19(3) Breaching duties on receipt of bond 3,000 1,500 1,000 500
            22F(3)(b) Failing to state amount of rent in advertisement or offer 2,000 1,000 1,000 500
            23(4)(b) Requiring rent more than 2 weeks in advance or before rent already paid expires 3,000 1,500 1,000 500
            29(6) Failing to give receipt for rent 2,000 1,000 1,000 500
            30(2)(b) Failing to keep records 2,000 1,000 1,000 500
            44A(3)(b) Failing to itemise expenses incurred on assignment, subletting, parting with possession, or termination by consent 2,000 1,000 1,000 500
            45(1AD)(b) Failing to provide healthy homes information 2,000 1,000 1,000 500
            47(4) Failing to inform prospective tenants that premises on the market 3,000 1,500 1,000 500
            48(4A) Failing to notify tenant of results of test for contaminants 2,000 1,000 1,000 500
            66I(7) Failing to provide healthy homes information 2,000 1,000 1,000 500
            66J(2B)(b) Failing to inform prospective tenants that boarding house premises on the market 3,000 1,500 1,000 500
            66J(4)(b) Failing to notify tenant of results of test for contaminants (relating to boarding house facilities) 2,000 1,000 1,000 500
            66T(1A) Failing to notify tenant of results of test for contaminants (relating to boarding room) 2,000 1,000 1,000 500
            123A(5)(b) Failing to produce documents to chief executive 3,000 1,500 1,000 500

          Notes
          • Schedule 1B clause 4: inserted, on , by section 80 of the Residential Tenancies Amendment Act 2020 (2020 No 59).